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Going through a Texas divorce involving children introduces a significant level of complexity to your case. Not only do you have to deal with the division of community property, but your case will also touch on critical issues like child custody, conservatorships, child support, and other related matters. On top of this, if you or your ex-spouse live in different states, you may face the added challenge of interstate custody. Navigating this situation requires additional steps to ensure that your rights and your child’s well-being are prioritized. While these issues can feel overwhelming, with the right support and planning, you can manage and work through them effectively.
All the while, you will need to think about what it means to go through a divorce with your children on a personal level. None of us know exactly what is going on with your family. As a result, the difference is in what your family means to you versus what your neighbor’s family means to them, and their divorce can be significantly different. With that said, you need to think about the significant issues related to your children and plan for them in advance. Not planning sufficiently could mean that your family suffers both in the short and long term. Remember that what works well for your family now in terms of a position schedule may not work well in the future. For that reason, it is best to consider. What may your family and their needs look like in the future, considering the current requirements?
Considering Future Medical and Mental Health Needs in Custody Arrangements
For instance, think about if your child has a particular need for medical or mental health care. While you may have a good idea of your child’s needs at the moment, you should consider what they may be in the future. Does your child have a chronic issue that they will require care for over the long term, or is there a particular need limited to a short period? What are the specific needs of your child as far as current and future medical care? Have you planned out how you and your ex-spouse will determine what care is sought and from which doctors? What happens if you all cannot agree on which doctor or kind of word treatment your child receives?
In cases like this, you and your spouse may need to name a neutral third party who can intercede in your case and provide assistance to your family if the two of you cannot agree on a subject related to your child and their particular needs. Maybe a mutual friend with specialized knowledge in a specific field can provide you with third-party resources. Or, it could be that a school guidance counselor at whatever school your child is enrolled in would play this role. Many spouses will insert into their final decree of divorce that the two of you must attend mediation before filing a modification or enforcement case should the need to do so arise. This will ensure that you all have an opportunity to negotiate with one another rather than to proceed to court immediately.
Managing Child Support and Uninsured Medical Costs for Special Needs Children
Special needs children often require additional child support to cover their care. In Texas, child support is typically a percentage of net monthly income, with custodial parents receiving this amount. However, for special needs children, uninsured medical costs can be a significant issue, as health insurance may not cover all expenses. Parents may need to determine how to fairly divide these costs, taking into account income disparities and agreeing on a proportionate or 50/50 split.
For example, one of the methods that I have seen clients employ in their own lives is to divide up the costs proportionately based on their income relative to that of their Co-parent. Let’s say that you earn $60,000 per year, and your ex-spouse earns $30,000 per year. In that case, you all may choose to have you pay for 2/3 of the uninsured medical costs versus your ex-spouse paying for one-third. This would allow you to pay for twice as many uninsured costs because you make twice as much money. Or, you all may choose to divide the cost up perfectly down the middle in a 50/50 fashion.
Whatever method you choose, make sure that the language utilized in your final decree of divorce is unambiguous. You do not run it want to run into a situation where you and your ex-spouse disagree on interpreting the language about a subject like this. Then you find that a family court judge cannot enforce the order because it is complicated and unclear to understand.
Holidays and custody issues in a post-divorce world
Another issue that sometimes does not receive sufficient attention, in my opinion, is holiday visitation and possession. Unlike days of the week during the school year, holiday visitation is much more even. Accounting for summer break, I would go so far as to say that children spend more time with a noncustodial parent during the holidays than with their custodial parent. Your family should consider what you want to have included in holiday visitation and be clear about that in your custody orders.
Tailoring Holiday Visitation to Your Family’s Needs
Typically, you and your ex-spouse would alternate visitation over the holidays with one another. For example, in Einaudi years, you would have custody of your child for Thanksgiving, and in even years your Co-parent would have control. This system seems to work better for some families, but for your family, it may not. For that reason, you need to be sure that you think about what needs your family has and then consider those needs first and foremost. What works for one family may not work for yours.
Christmas holiday visitation can be even more difficult for some families. The Christmas holidays last longer, so parents split them into two parts: the first half and the second half. Just like Thanksgiving, spring break, and Easter, you and your Co-parent will alternate which portion of the Christmas holiday you will have your children based upon whether this is an odd or even year. Under a standard possession order, you will be able to divide the holidays up between you and your Co-parent in a fairly even fashion. However, you should consider both your child’s and your family’s current and future needs if you believe adjustments are necessary.
Collaborative Approaches to Child Custody in Divorce
In Texas divorce cases, you and your co-parent must carefully consider child custody issues. Both of you need to work together when possible. While not every issue is negotiable, especially when the best interests of your children are at stake, collaboration can help resolve many matters. However, you can think about other topics as opportunities to work with your Co-parent to better the life of your child and gain trust with one another. It is up to you how well you work with each other and what sort of behavior you would like to begin to display for your child to hopefully mirror and mimic.
What happens if there are intrastate custody issues related to your divorce?
One of the significant issues for families who may reside in different states is that if you want to file for divorce or child custody cases in Texas, you first need to make sure that Texas can have a judge hear your case and make decisions regarding your family. This is known as jurisdiction. In an age where your child may have resided in multiple states in a relatively short period, it can be not easy at first glance to determine whether or not Texas has jurisdiction over your family. Unfortunately, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) exists to help families like yours sort through issues like this.
The Uniform Child Custody Jurisdiction and Enforcement Act comes into play when the child in your family has resided in more states than just Texas. Each of the 50 states in our country has its laws regarding making decisions on child custody circumstances. Understandably, it can be not very clear to you, and the other families who find themselves in these types of situations ask too how a state could or could not have jurisdiction over your child’s case. The Uniform Child Custody Jurisdiction and Enforcement Act covers the ability of which form your child is living in to make decisions regarding that child and how to determine which court can enforce child custody orders.
Understanding UCCJEA and Jurisdiction in Child Custody
The UCCJEA should be used when you need to determine whether or not Texas has jurisdiction in your child custody case. Most notably, they should occur if you, your child, or their parent where your child lives in another state besides Texas. The problem for you and your family is that if you file your child’s custody case in a court that does not have jurisdiction, you may lose time and money in doing so. It is possible to go through an entire child custody case only to appeal to your co-parent based on jurisdictional grounds. If the court agrees that it lacks jurisdiction and makes decisions in your child’s case, then all the time and effort put into creating a court order will have been for nothing.
We spoke at the beginning of today’s blog post about the importance of thinking ahead and planning. This also applies to issues regarding Interstate child custody matters. So, you should consider ahead of time if there will be jurisdiction issues that could be raised. Understandably, these are relatively complex subjects, and once that, you may readily know the answer. After all, if she is regarding jurisdiction other another type of thing a lawyer handles rather than an accountant, plumber, teacher, or someone working in any other line of work.
Understanding Jurisdiction and Custody in Texas
As a result, hiring an experienced family law attorney to help you work on your case is extremely important. The uniform child custody jurisdiction better covers child custody cases. Enforcement actions are those related to emergency medical care for your child, travel expenses for you or your Co-parent to visit your child, child support, and adoption. Initial custody determination is where jurisdiction issues should be handled in the first period; it is likely that Texas will have jurisdiction over your child’s case if Texas is your child’s home state.
We would think about a home state as the state where your child has lived with you or your Co-parent for at least six consecutive months, which precede the filing of your child custody case. If your child is under six months old, Texas would be your child’s home state so long as they have lived here Since their birth.
On the other hand, even if your child no longer lives in Texas, our state may still be your child’s home state of Texas was your child’s home state within six months immediately before the child custody case was filed. However, the additional requirement is that you or your child’s other parent must still live in Texas even if they do not.
Navigating Jurisdictional Issues in Texas Child Custody
On top of this, Texas may still have jurisdiction to make an initial child custody determination for your child if neither of the above principles applies in your situation. For example, if no other state can claim jurisdiction based on the above grounds, you may be able to assert jurisdiction in a Texas court. As with many issues regarding family law, the determination of a case like this is highly fact-specific. Asset, it is essential how you make arguments in pre-hearing motions and pleadings to the judge and how you structure ideas in a contested hearing. This is all the more reason for you to hire an experienced Texas family law attorney to assist you and your family in this endeavor.
How does the court know if the Uniform Child Custody Jurisdiction and Enforcement Act pertains to your case?
It is your job to show a court that the UCCJEA applies to the circumstances regarding your case and your child. Attached to your petition (initial pleading) in the child custody case, you must attach an affidavit to state what your child’s current address is, a list of where your child has lived in the past five years, as well as the names and current addresses of any person with whom your child lived with during that period. This takes a certain degree of planning on your part and the part of your attorney. Failing to include pertinent information in this area can have negative consequences for your case.
What happens if you have a child custody order in place from a state other than Texas?
If you have another court order from a state other than Texas, then a Texas family law court may be able to claim jurisdiction sufficient to modify or change that order. Bear in mind that the test to determine jurisdiction in a modification case is whether or not Texas would have had jurisdiction to issue a decision in an initial child custody determination. Likewise, a Texas court should enforce an out-of-state court order using any methods available under Texas law.
Even in cases of interstate custody, Texas can exercise temporary emergency jurisdiction under certain conditions. If your child is in Texas and at risk of harm, or if there’s a threat of abuse, the state can step in despite not having full jurisdiction over the custody case. If you’re facing a situation involving interstate custody issues, it’s important to consult with a skilled family law attorney to understand your rights and navigate the complexities of your case.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are an excellent way for you to learn more about the world of Texas family law as well as about how your family’s circumstances may be impacted by the filing of a divorce or child custody case.
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Other Articles you may be interested in regarding Custody
- Texas Divorce & Custody Cases: Jurisdiction and Venue Rules You Need to Know
- How Are Interstate Child Custody Issues Handled in Texas?
- Interstate Transfer of a Custody Case
- Personal Jurisdiction in Texas Family Law: Can You Challenge It in Court?
- Amicus Attorneys in Child Custody Disputes in Texas?
- Sole Managing Conservator in a Child Custody Case in Texas?
- Teens with Children, Child Custody and Child Support in Texas
- Child Custody and Divorce in Spring, TX
- Custody and Visitation Rights of Grandparents in Texas
- 11 Things You Must Know About Texas Child Custody
- 12 Texas Custody & Conservatorship Battle Tips
- Navigating Texas Child Custody Disputes with Multiple Jurisdictions: A Comprehensive Guide
Law Office of Bryan Fagan, PLLC | Houston, Texas Child Custody Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding child custody, it’s important to speak with one of our Houston, TX Child Custody Lawyers right away to protect your rights.
Our child custody lawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
